The New York State Senate

                    S T A T E   O F   N E W   Y O R K
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    S. 2985                                                  A. 2336

                       2017-2018 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 18, 2017
                               ___________

IN  SENATE -- Introduced by Sens. LAVALLE, DeFRANCISCO, GALLIVAN -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Cultural Affairs, Tourism, Parks and Recreation

IN  ASSEMBLY -- Introduced by M. of A. THIELE, RAIA, JEAN-PIERRE, GALEF,
  SALADINO -- Multi-Sponsored by -- M. of A. ENGLEBRIGHT  --  read  once
  and referred to the Committee on Insurance

AN ACT to amend the navigation law and the insurance law, in relation to
  insurance  rate  reductions upon completion of a boating safety course
  or an advanced boating safety course

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 78-a of the navigation law, as added by chapter 160
of  the  laws of 1990 and as further amended by section 104 of part A of
chapter 62 of the laws of 2011, is amended to read as follows:
  § 78-a. Insurance rate reduction. Any insurance  carrier  licensed  to
issue  yacht  or boating liability insurance in this state is authorized
to grant rate reductions with the approval of the department  of  finan-
cial  services  to  any  owner  of  a yacht or boat who has successfully
completed a boating safety course OR AN ADVANCED BOATING  SAFETY  COURSE
or holds a valid United States Coast Guard operators license.
  §  2.  The  insurance law is amended by adding a new section 2336-b to
read as follows:
  § 2336-B.  BOAT  LIABILITY  INSURANCE  RATES;  PREMIUM  REDUCTIONS  IN
CERTAIN CASES. (A) ANY SCHEDULE OF RATES OR RATING PLAN FOR BOAT LIABIL-
ITY  INSURANCE  SUBMITTED  TO  THE  SUPERINTENDENT  SHALL PROVIDE FOR AN
APPROPRIATE REDUCTION IN PREMIUM CHARGES, AS DESCRIBED IN SECTION SEVEN-
TY-EIGHT-A OF THE NAVIGATION LAW, FOR ANY INSURED WHO  HAS  SUCCESSFULLY
COMPLETED  A  BOATING SAFETY COURSE OR AN ADVANCED BOATING SAFETY COURSE
WHICH MEETS THE REQUIREMENTS OF PART FIVE OF ARTICLE FOUR OF THE NAVIGA-
TION LAW AND HAS BEEN APPROVED BY THE COMMISSIONER OF PARKS,  RECREATION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD07151-01-7

S. 2985                             2                            A. 2336

AND  HISTORIC  PRESERVATION.  THE  PROVISIONS  OF THIS SECTION SHALL NOT
APPLY TO ATTENDANCE AT A  COURSE  PURSUANT  TO  SECTIONS  FORTY-FIVE  OR
FORTY-NINE OF THE NAVIGATION LAW AS A RESULT OF ANY BOATING INFRACTION.
  (B) FOR THE PURPOSES OF THIS SECTION:
  (1) THE TERM "BOAT" SHALL MEAN ANY RESIDENTIAL OR PLEASURE VESSEL THAT
IS  NOT  A CREW RACING SHELL AS DEFINED IN SECTION TWO OF THE NAVIGATION
LAW.
  (2) THE TERM "BOATING  SAFETY  COURSE"  OR  "ADVANCED  BOATING  SAFETY
COURSE"  SHALL  MEAN  A  COURSE  OF  INSTRUCTION  OR  ADVANCED COURSE OF
INSTRUCTION THAT HAS BEEN APPROVED BY THE COMMISSIONER OF PARKS,  RECRE-
ATION  AND HISTORIC PRESERVATION PURSUANT TO SECTION SEVENTY-NINE OF THE
NAVIGATION LAW.
  (3) THE TERM "BOATING SAFETY CERTIFICATE" SHALL MEAN A DOCUMENT  WHICH
CANNOT  BE  ALTERED  AND  WHICH IS PROVIDED TO A PERSON WHO SUCCESSFULLY
COMPLETES A BOATING SAFETY COURSE  OR  ADVANCED  BOATING  SAFETY  COURSE
PURSUANT TO SECTION SEVENTY-EIGHT OF THE NAVIGATION LAW.
  (C)  AN  INSURER,  UPON  APPROVAL  OF  THE  SUPERINTENDENT,  MAY  UPON
SUBMISSION OF A COMPLETION CERTIFICATE BY AN INSURED, PROVIDE AN ACTUAR-
IALLY APPROPRIATE REDUCTION OF THE PREMIUM FOR SUCH INSURED'S  YACHT  OR
BOATING LIABILITY INSURANCE.
  (D)  THE SUPERINTENDENT MAY ESTABLISH, BY RULE OR OTHERWISE, STANDARDS
OR GUIDELINES TO BE  USED  BY  THE  SUPERINTENDENT  WHEN  REVIEWING  THE
PROPOSED BOATING SAFETY COURSE OR AN ADVANCED BOATING SAFETY COURSE.
  §  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become  a  law;  provided,  however,
that  effective  immediately,  any actions necessary to be taken for the
implementation of the provisions of this act on its effective  date  are
authorized  and  directed  to  be  completed on or before such effective
date.